Make

This verb occurs, without great departure from the vernacular meaning, in several phrases.

Make an assignment

This usually means the assigning all one's property for the benefit of one's creditors. The phrase may import only the transfer of some right in action or evidence of debt; as to make an assignment of a policy, or of a contract. " To assign " is more frequently used where a transfer of some single right by a solvent owner is meant, and " to make an assignment " oftenest means an assignment of all assets by an insolvent. Make away 'with. To charge a man with having applied to defendant to " make away with " a bastard child, of which he is father, was held, after verdict for plaintiff, to be actionable, as meaning that he applied to defendant to murder the child.

Demarest v. Haring, 6 Cmo. 76.

Make a bill, deed, note, will, or any written instrument. Whenever the factum of a document, the signing and delivery of a writing, is the matter in question, " make " imports execution with the necessary formalities. It is otherwise when no writing is necessarily involved. Thus, " to make a note " implies that the person subscribed the paper; but " to make a contract " does not import execution of a writing, the phrase is satisfied by a verbal agieement. Again, " make," spoken of writings inter partes, usually implies delivery: ordinarily, the expression " made a note " imports that it was not only the subscriber retains it for future disposal. But the context may show that a narrower sense was intended; and, where this is indicated, the use of "make" and "made," to import exe-.cution without delivery, is not unusual or improper. An averment in a declaration or complaint of the making of a promissory note, includes delivery to the payee. Chappell V. Bissell, 10 Bow. Pr. 274; Peets v. Bratt, 6 Barb. 662; and see 7 Durnf. &■ E. 596; 2 Cow. 536. An averment that defendant made the note in suit is equivalent to saying that he signed it, and delivered it to the payee. Sawyer «.

Warner, 15 Barb. 282.

Make a. contract. To agree; or, if a written contract is contemplated, to execute the paper with the requisite formalities, and, usually, to deliver it as binding.

Make default

To fail to appear when summoned in a judicial proceeding. It is usually applied to the omission of a party to interpose an appearance in the technical sense. But it may be used of other like omissions, as of a witness to attend in obedience to a subpoena. There is some confusion in the use of the phrase with respect to a party served with process, as to whether it negatives appearance only, or both appearance and plea. Sometimes it appears to signify only omission to appear; one who appears by attorney, but puts in no plea, has not made default, in this strict sense. Often it signifies that one h^s not pleaded, or did not attend the trial. Make one's faith. A Scotch phrase, equivalent to the old English phrase, to make one's law.

Make one's la-w

An old phrase, signifying to adduce proof to clear oneself of a charge; law {q. v.) seems here to be used in the sense of oath. The formal words used by him that made his law were commonly these: Hear, 0 ye justices, that I do not owe this sum of money demanded, neither in all nor any part thereof, in manner and form declared. So help me God, and the contents of this book. Jacobi Make over and grant, are words sufficient to pass lands by way of bargain and sale.

Jackson v. Alexander, 3 Johns. 483.

Make up the issue. This is done, after issue has been joined in an action, by the plaintiii's solicitor drawing up a transmay ascertain it to be a correct copy of the pleadings which have actually taken place. This transcript is called the issue.

3 Steph. Com. 515.

MALUS; MALA; MALUM. Latin adjectives, meaning bad, occurring in several phrases.

Mala fides

Bad faith. The opposite of honajides, q. v.

Mala grammatica

Bad grammar. The same in meaning as fa Ua grammatica, and sometimes substituted in the maxim falsa grammatica non vitiat chartam, q. v.

Mala praxis

Bad practice; malpractice. Particularly, unskilful practice by a physician or surgeon, by which the health of his patient is injured. Malum in se. Evil in itself. An act that is evil in its very nature, upon principles of natural or moral law.

Malum prohibitum

Evil that is prohibited. An act prohibited by law, but which is not malum in se. The distinction between the two classes of acts is of some importance in criminal law, a criminal intent being presumed in regard to offences mala in se, where it would not be in cases of offences merely mala prohibita. A like distinction was formerly made in regard to the validity of contracts, between those where the consideration or the promise was malum in se, and where either was only malum prohibitum; but this distinction is not now regarded. An offence malum in se is one which is naturally evil, as murder, theft, and the like; offences at common law are generally inala in se. An offence malum prohibitum, on the contrary, is not naturally an evil, but becomes so in consequence of its being forbidden; as playing at games which, being innocent before, have become unlawful in consequence of being forbidden.

Bouvier.

Things which are evil in themselves are termed mala in se in contradistinction to those things which are not evil in themselves, but are only forbidden by the laws, and which are therefore called mala prohibita, or forbidden evils; and sometimes mala quia prohibita, to indicate that they are evils by reason of the prohibition only.